Introduction: Definition of key terms in Law of Evidence
Courts normally have to make a finding concerning the existence or non- existence of certain facts
before pronouncing on the rights, duties and liabilities engaged in the dispute. Law of evidence is
a branch of law of evidence procedural law.
What is evidence?
In a criminal trial, evidence is the means by which prosecution tries to prove its case, and the
defendant tries to cast doubt upon the prosecution’s evidence. In a civil case this through
addressing evidence that the claimant attempts to prove his case and the defendant attempts to
prove his case and the defendant attempts to counter the claimant case.
Evidence denotes the means by which an alleged matter of facts, the truth of which is submitted
to investigation is proved or disproved. It includes attempts by accused persons, admissions and
observation by the court in its judicial capacity.
Scope and function of the law of evidence.
Procedural law gives practical meaning and effect to the rule of substantive law. It has often been
said that substantive law might just not exist if there were no procedural machinery which could
constantly transform the rules of substantive law into court orders and actual enforcement.
➢ The law of evidence governs the proof of facts in a court of law and therefore forms part
of the procedural machinery that makes substantive law effective.
➢ The main function of the law is to determine what facts are legally receivable(admissible)
to prove facts in issue.
➢ The law of evidence however also determines in what manner evidence should or may be
adduced and what evidence may lawfully be withheld from a court of law.
➢ It also deals with rules that should be taken into account when assessing the weight and
agency of evidence and further, what standards of proof should, in a given situation, be
satisfied before a party bearing a burden of proof can be successful.
PRELIMINARY DEFINITIONS AND ITEMS OF JUDICIAL EVIDENCE
Facts
Ordinarily a fact is anything that has occurred as opposed to something that is felt. An opinion is
not a fact but a kick is a fact in the evidence act. Facts are given a wider meaning. A fact includes:
➢ Anything, state of things or relation of things capable of being perceived by senses.
➢ Any mental condition of which any person is conscious; perception may be external i.e. by
the five senses of internal e.g. by feeling
Facts in issue
1|P a ge
Courts normally have to make a finding concerning the existence or non- existence of certain facts
before pronouncing on the rights, duties and liabilities engaged in the dispute. Law of evidence is
a branch of law of evidence procedural law.
What is evidence?
In a criminal trial, evidence is the means by which prosecution tries to prove its case, and the
defendant tries to cast doubt upon the prosecution’s evidence. In a civil case this through
addressing evidence that the claimant attempts to prove his case and the defendant attempts to
prove his case and the defendant attempts to counter the claimant case.
Evidence denotes the means by which an alleged matter of facts, the truth of which is submitted
to investigation is proved or disproved. It includes attempts by accused persons, admissions and
observation by the court in its judicial capacity.
Scope and function of the law of evidence.
Procedural law gives practical meaning and effect to the rule of substantive law. It has often been
said that substantive law might just not exist if there were no procedural machinery which could
constantly transform the rules of substantive law into court orders and actual enforcement.
➢ The law of evidence governs the proof of facts in a court of law and therefore forms part
of the procedural machinery that makes substantive law effective.
➢ The main function of the law is to determine what facts are legally receivable(admissible)
to prove facts in issue.
➢ The law of evidence however also determines in what manner evidence should or may be
adduced and what evidence may lawfully be withheld from a court of law.
➢ It also deals with rules that should be taken into account when assessing the weight and
agency of evidence and further, what standards of proof should, in a given situation, be
satisfied before a party bearing a burden of proof can be successful.
PRELIMINARY DEFINITIONS AND ITEMS OF JUDICIAL EVIDENCE
Facts
Ordinarily a fact is anything that has occurred as opposed to something that is felt. An opinion is
not a fact but a kick is a fact in the evidence act. Facts are given a wider meaning. A fact includes:
➢ Anything, state of things or relation of things capable of being perceived by senses.
➢ Any mental condition of which any person is conscious; perception may be external i.e. by
the five senses of internal e.g. by feeling
Facts in issue
1|P a ge
